Priartem PRESS RELEASE 23 January 2019 – EHS – New judicial advance in France – Recognition of electrosensitivity as an occupational disease
emfsa.co.za, 24 January 2019
Source for this article: http://www.priartem.fr/EHS-Nouvelle-avancee-judiciaire-en.html?fbclid=IwAR08a3_kXRclym9jZapaO1IWlGiko87uEsylD6AbA0rB_tT4h-xJhM5w8W8
In a judgment of January 17, the Administrative Court of Cergy-Pontoise recognized the electrohypersensitivity of a research technician as an occupational disease.
For Sophie PELLETIER, president of PRIARTEM, it is a double “first” : “This is the first time that the administrative jurisdiction – on which civil servants depend – ruled favourably on this topic.. And the icing on the cake, this is the first time in France that a court decision recognizes intolerance to electromagnetic waves as a disease attributable to work.” This decision comes after a long battle for the claimant who suffers from neurodegenerative disorders. He became ill ten years ago after working for two years on a device emitting strong electromagnetic fields.
For Mr LAFFORGUE , lawyer of the applicant and also lawyer of PRIARTEM, the judgment rendered by the administrative court is particularly motivated: “On the basis of the arguments that we developed, the judges considered that there was a sufficient probability that in the absence of other obvious causes, the chronic and prolonged exposure and increased sensitivity of the subject, allowed that the disease was attributable to occupational exposure”
Last September, the Court of Social Security of Versailles recognized a work accident related to electrohypersensitivity. A technician working in a telecommunication company, diagnosed with electrohypersensitivity experienced discomfort due to exposure at work.
These two decisions open up prospects for recognition and management of disorders related to electrosensitivity, for diseases or accidents at work (for workers who are victims, whether employees or civil servants).
Above all, this is a strong signal sent to the public authorities, employers and occupational health sectors, not to lose sight of the consequences of electromagnetic exposure on the health of workers and the judicial risks that they incur.
Note added by EMFSA – see below for the recent developments in Spain
The Superior Court of Justice of Aragon, Spain recognizes Electrohypersensitivity as the result of a work accident.
Last December the Higher Court of Justice of Aragon (TSJA) recognized and confirmed the ruling that links electrohypersensitivity to occupational electromagnetic fields exposure. This is a pioneering sentence (the first recognized case in Aragon) and the third in Spain. This confirms the judgement of the Court of First Instance of Zaragoza. The court ruling … Continue reading